If you fail to appear, will a motion to vacate judgment be automatically granted?

In regards to a Florida Domestic Violence case: If a Permanent Injunction is entered against the Respondent, and then the Respondent files a Motion to Vacate Judgment, will that motion be granted automatically if the Petitioner fails to appear for the Special Hearing?If you fail to appear, will a motion to vacate judgment be automatically granted?Generally the moving party would be entitled to a default judgment.



In a situation involving domestic violence, particularly a case in which a permanent order has been entered, I would predict the judge will be very, very reluctant to vacate that injunction in a default judgment. I would imagine the judge would, at a minimum try to contact the Petitioner, and would probably re-note the hearing.



But I would not tell the Peititoner to count on this being the result and would advise that person to send a written response to the Motion at a minimum and would encourage him/her to ask the court about being permitted to appear be telephone if oral arguments were needed.If you fail to appear, will a motion to vacate judgment be automatically granted?No. It is up to the person moving to vacate the judgment to demonstrate cause why the motion should be granted.

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